, 1887-04-28
Sustaining the Settler.

fANSA
dent has sent to the secretary of the in
terror the following letter in relation to the
controversy between Guiliord L. Miller. a
settler, and a railroad corporation, involv-
ing the question of ownership of certain
lands:
EXECUTIVE MANSION, WASHINGTON,
April 25, l887.-To the Secretary of the
hterior-DEAR SIR have examined
with much care and interest the question
involved in the conflicting claims of Gull
ford L. Miller and the Northern Pacific
Railroad company to certain public land
in Washington Territory. The legal as
poets of the case have been examined and
passed upon by several officers of the
government. who do not agree in their
conclusions.
Miller claims to be u settler upon the
land in question, whose possession dates
from 1878. He alleges that he has made
substantial Improvements upon this land
and cultivated the same, and it appears
that he filed his claim under the home
stead law on the 29th day of December,
1884. The railroad company contends
that this land is within the territory from
which it was entitled to select such guam
tity of public land as might be necessary
to supply any deficiency that should be
found to exist in the specified land men
toned in the grant by the government to
said company.
A large tract including this land was
withdrawn by order ofthe interior depart
ment from sale and pre-emption and
homestead entry in 1872. In 1880. upon
filing a map of definite location, the land
in controversy was found to lie outside the
limits which include granted lands, but
its withdrawal and reservation from set
Element and entry under our land laws was
continued upon the theory that it was
within the limits ofindemnlty lands which
might be selected by the company.
The attorney general is of opinion that
such withdrawal and reservation were at
all times effectual and that they operated
to prevent Miller from acquiring any in
terest in or right to the land claimed by
him. With this Interpretation of law, it
will be seen hat the effect has been the
withdrawal and reservation since 1872 of
thousands, ifnot millions, of acres of these
lands from operation of the land laws OF
the United States, thus placing them be-
yond the reach of our citizens desiring
under such laws to settle and make homes,
and this has been done for the benefit of
a company having no fixed. certain or
definite interests in such lands. In this
manner the beneficial policy and inten-
ton of the government in relation to the
public domain have for all these years
to that extent been thwarted.
After a lapse of fifteen years this large
BODY of the public domain is still held in
reserve to the exclusion of settlers for the
convenience of the corporation and wait
ing its selection, though it is entirely Ger,
tain that much reserves. land can never be
honestly claimed by said corporation. Our
public domain is national wealth, the
earnest of our growth and the heritage of
our people.
In the case under consideration [
assume that there is an abundance OF
land within the area which has been re-
served for indemnity in which no citizen
or settler has any legal or equitable in.
terest for all the purposes of such indem-
MITIGATION to this railroad company, if its
grant has not already been satisfied. You
have thus far taken no action in this
matter, and it seems to me that you are
in a condition to deal with the subject in
such a manner as to protect this settler
from hardship and loss.
1 transmit herewith the papers and doc
uments relating to the case which were
submitted to me at my request. l sug-
gest that you exercise the power and
authority you have in the premises with
every presumption and in%tendment in
favor OF the settler, and in case you find
this corporation is entitled to select any
more of these lands than it has already
acquired, hat you direct it to select in
lieu of the land upon which Mr.. Miller
has settled, other land within the limits
of this indemnity reservation, upon
which neither he nor any other CT izen
has in good faith settled or made improve
ments
The suggestions herein contained can,
| believe, be adopted without regarding
or calling in question the opinion of the
attorney general on the purely legal pro-
positions which were submitted to him.
Yours, very truly,
GHoYER CLEVELAND.